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City Council

Regular Meeting

Taunton, MA · October 4, 2022

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Minutes

City of<Taunton 9dunicipa{Council9deetin9 9dinutes City Ha{{, 15 Summer Street, <Taunton, 9djf. In the Chester~ 9dartin 9dunicipa{ Council Cham6ers 9dinutes, Octo6er 4, 2022 at 8:41 O'cCoc~fP.9d. ~gufar :Meeting :Mayor Snaunna £. O'Conne{[presiding CFrayer was offered 6y tne :Mayor CFresent at ro{[ ca{[were: Councifor <Dooner, <Duarte, <.Borges, :M.cCau~ <Pottier, Coute, Sanders, Quinta{ and c.Poste{[ Record of preceding meeting was read by title and approved. So voted. Opportunity for input by the general public. John Correia, 7 Liberty Street in East Taunton, explained that he feels public input is rather important. He was appalled with last week's public input and he thinks it should be a little more ruling and controlled. He doesn't know why anyone on this board would want to be sidelined with not knowing what someone is going to say at the podium during public input. He spoke about what public input means to him. He suggested that there be a motion on the floor that they remove public input from the agenda until further notice. Then, refer to the Council of the Whole and have them come up with some guidelines of when someone comes through that door for public input, you know ahead of time. His explanation continued. Hearings: On the petition submitted by Michele Abboud, 87 Winter Street, Taunton to allow a New Class II License for M&M Service Center, Inc. to be located at 59-63 Broadway, Taunton. Motion was made to open the Public Hearing and invite the interested parties into the enclosure. So voted. The City Clerk read the communications into the record. Com. from the Building Commissioner submitting a recommendation. Com. from the Conservation Agent submitting a recommendation. Com. from the City Planner submitting a recommendation with a copy of the DIRB. Motion was made to make all communications a part of the record. So voted. Detective Rutherford was invited into the enclosure. Michele Abboud and his son introduced themselves. They stated they are proposing a Class II used Dealer License for three (3) cars to be on the lot. Detective Rutherford said they have a positive recommendation from the Police Department. They have had a license in the past, probably about 14-15 years ago. His son wants to start the business back up again. With the recommendation from the Planning Board, the Police Department will give a positive recommendation for a three (3) vehicle limit as long as they follow all the recommendations from the Planning Board. Councilor Borges asked if they will only be having three (3) vehicles. They said yes. Councilor Borges asked if the Class II license was in Michele Abboud's name many years ago. They replied yes. 2 Councilor Borges asked if his son will now be on the business. They replied stating the license will still be under Michele's name and his son is going to kind of run the business. Councilor Postell said for a point of information, why this isn't under the Committee on Police and License. Detective Rutherford stated, for a new license, you have to have a Public Hearing. Motion was made to open public input. So voted. Nobody was present to speak for public input. A motion was made to close public input and grant the Class II license as requested. So voted. Motion was made to close the Public Hearing and excuse the parties. So voted. Communications from the Mayor: Mayor O'Connell said there are seventy-three (73) active reported Covid cases here in Taunton. As a reminder, the Northwoods Covid Vaccine Clinic has closed. They extended their sincere gratitude to Liz Soares, the Prince Henry Society and everyone who helped organize the sooth anniversary celebration with our sister city Lagoa last Friday. They were thrilled to welcome, Vice Mayor Frederico Souza and City Councilor Albertina Oliveira. It was really a wonderful event and opportunity to foster our relationship. They were very much honored to present them a key to the City and also exchange gifts. The City of Taunton will be providing fall yard waste collection services on the weeks of October 24th, 2022 and November 14th, 2022. It's available for all City residents who receive curbside trash and recycling service. It will be done on the same day as your household waste is picked up. Appointments: NONE Communications from Citv Officers: Com. from the Safety Officer submitting a response regarding Bassett Street speeding. A separate packet was issued. He stated the Black Cat II Plus radar unit was placed on a phone pole in front of 13 Bassett Street on September 7, 2022 and the radar recorded vehicles on Bassett Street until September 14, 2022. The unit recorded 15,705 vehicles with an average speed of 25-mph. The speed limit on Bassett Street is 30-mph unposted. The highest speed recorded was 47-mph. The unit recorded only 56 vehicles of the 15,705 traveling above 40-mph. The g5th percentile was 30-mph. This indicates to him that speeding is not an issue on Bassett Street at this time. Motion was made to receive and place on file. So voted. Com. from the Election Director regarding the police detail for early voting. A list of the dates and times for early voting was listed. Having a police detail has been a standard practice in the past in Taunton. The funding for these details was included when planning the budget for this election cycle. However, due to the new litigation passed under the VOTES Act, the procedure has been modified to require this appointment be made by the Council at the request of the Commission. Additionally, this new statue Section 72 of Chapter 59 requiring the Council to act as the appointing authority for police detail coverage for Election Day. Upon approval of the details, the Police Department will coordinate the coverage with the individual officers. Motion was made to approve and also approve for Election Day. So voted. 3 Communications from Citizens: Com. from Attorney William Rosa of Wynn & Wynn, 90 New State Highway, Raynham, MA who is representing S&P Realty Series, LLC and PB&C Series, LLC, owner of the property located at 223 and 231 Broadway, Taunton, MA who is requesting a Release of an Easement. A separate packet was issued which consists of the Planning Board decision dated September 15, 2022, a site plan approved by the Planning Board, a copy of the certified abutters list, the easement and a plan showing the easement. They believe that the easement as it currently exists is not necessary at this time and that the release of the easement would not in any way negatively impact the situation and would still allow for safe passage from Washington Street to Broadway. Motion was made to refer to the Law Department and the Committee on Public Property. So voted. Com. from Jack Gaspar of Hyde Paving expressing his gratitude for the hospitality offered by the neighborhood of Erin Road given to his employees when they were recently working on the road. Motion was made to receive and place on file. So voted. Corn. from Fr. Edward Murphy of St. Andrew the Apostle Church, 19 Kilmer Ave., Taunton requesting to conduct a procession on Thursday, October 13th at 5:15p.m. This procession will start at the Eagles Soccer Club at 29 Oak Street and be returning to St. Andrew the Apostle on 19 Kilmer Avenue. Motion was made to approve and refer to the Public Safety leadership for review. So voted. On discussion, Councilor Borges explained it seems we get these requests the week before these events occur which forces their hand in a way and gives them no time to look into the event. She supports these events but feels we need to look into possibly having a deadline a little earlier with receiving these communications. Petitions: Personal Kennel License - NEW Petition submitted by James Zuber, 20 Crystal Ln., Taunton for a NEW Grade 1 (4-6 Dogs) Personal Kennel License to be located at 20 Crystal Lane, Taunton. Motion was made to refer to the City Clerk to the schedule the public hearing. So voted. Sewer Extension Petition submitted by John Garanito, President, Hawthorne Development, Inc., 174 Dean St., Taunton requesting a sewer extension permit at the intersection of Cornell Avenue and Greystone Street, Taunton. Motion was made to refer to the DPW Committee. So voted. Committee Reports: Motion was made for Committee reports to be read by title and approved. So Voted. Recommendations adopted to reflect the votes as recorded in committee reports. Councilor Pottier stated he is voting present on the Committee of the Needs of the Airport. So Voted. Unfinished Business: NONE 4 Orders, Ordinances and Resolutions: Ordinance tor a third reading to be ordained on a roll call vote AN ORDINANCE REVISING CRIMINAL HISTORY CHECKS FOR LICENSE APPLICANTS Chapter 298 LICENSES AND PERMITS Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: SECTION 1. Chapter 298 of the Revised Ordinances of the City of Taunton, as amended, is hereby further amended by adding a new subsection J to Article II, as follows:-- § 298-9 Submission of applicants to fingerprinting. Any applicant for a license to engage in any of the following occupational activities within the City of Taunton shall submit a full set of fingerprints taken by the Taunton Police Department within 10 days of the date of the application for said license, for the purpose of conducting a state and national criminal record background check to determine the suitability of the applicant for the license: A. Hawker and peddler. B. Liquor licensee. C. Manager or alternate manager of a liquor licensee. D. Solicitors and canvassers. E. Dealers in junk, secondhand articles and antiques. F. Secondhand motor vehicle dealer. G. Hackney carriage operator. H. Ice cream truck vendor. I. Door-to-door solicitors. J. Bodywork practitioners and bodywork establishment operators This Ordinance shall become effective immediately upon passage. On a roll call vote, nine (9) Councilors were present, nine (9) Councilors voted in favor. So voted. Motion passed. 5 Ordinance (or a third reading to be ordained on a roll call vote AN ORDINANCE CHAPTER405 ARTICLE V. SIGNS, SIGNALS AND MARKINGS Section 405-94. Designation of stop intersections Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-94 of the Revised Ordinances of the City of Taunton be amended as follows: Insert the following ten lines in the appropriate alphabetical order under the respective column headings as indicated: Stop Sign on Direction of Travel At Intersection of Puffin Way Westerly Blackbird Lane Hummingbird Lane Easterly Mockingbird Way Hummingbird Lane Westerly Mockingbird Way Bluejay Lane Westerly Mockingbird Way Bluejay Lane Easterly Mockingbird Way Wren Street Northerly Cardinal Circle and Mockingbird Way Wren Street Southerly Cardinal Circle and Mockingbird Way Sherbome Street Northerly Fairbanks Ave. Sherbome Street Southerly Fairbanks Ave. Kilmer Ave. Easterly Oak Street All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. On a roll call vote, nine (9) Councilors were present, nine (9) Councilors voted in favor. So voted. Motion passed. 6 Ordinance for a third reading to be ordained on a roll call vote AN ORDINANCE ARTICLE III. STOPPING, STANDING AND PARKING Sec 405-53. Prohibited parking places. Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-53 of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by adding thereto the following: Washburn Street, the South Side starting at the Curb-cut in front of 43 Washburn Street, East approximately 64 feet to the next curb-cut. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. On a roll call vote, nine (9) Councilors were present, nine (9) Councilors voted in favor. So voted. Motion passed. Ordinance for a third reading to be ordained on a roll call vote AN ORDINANCE ARTICLE V. SIGNS, SIGNALS AND MARKINGS Section 405-95-C Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-95-C of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by adding thereto the following: (7) Located on the Corner of Highland Street at the property identified as 220 Highland Street, facing eastbound drivers onto Highland Street at intersection with Highland Ave and Smith Ave. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. On a roll call vote, nine (9) Councilors were present, nine (9) Councilors voted in favor. So voted. Motion passed. New Business: Councilor Borges motioned to meet in Executive Session with the City Solicitor, the Mayor and the Human Resource Director in regards to the City Clerk's non-union 7 contract. Councilor Borges stated, after meeting with the Law Department, it has been brought to her attention that the City Council is not directly involved with the negotiations with the City Clerk position. Therefore, she withdrew her motion to meet in Executive Session. Councilor Pottier made a motion to move the Election Day City Council meeting on Tuesday evening, November 8th to Monday morning, November 7th at 7:30 a.m. So voted. Councilor Coute said based on the public input they received tonight, he made a motion to suspend public input pending a referral to the Committee of the Council as a Whole to work out some guidelines related to public input on a roll call vote. On a roll call vote, nine (9) Councilors were present, five (5) Councilors were in favor (Councilors Quintal, Coute, Pottier, McCaul and Dooner), four (4) Councilors were opposed (Councilors Postell, Sanders, Borges and Duarte). So voted. Motion passed. Meeting adjourned at 9:05 P.M. A true copy: Attest: JLL/KLD 8 City of Taunton ,.._, Municipal Council \ = ,_, October 4, 2022 -~ :r- c-:-· ::,, _........ The Committee on Finance and Salaries 'rn :: ~ :x -1 . -<:n The meeting was held at Taunton City Hall, 15 Summer Street, Taunton,~ O-z780 iwthe Chester R. Martin Municipal Council Chambers. > §iYi :>; 0 Present were Councilor Phillip Duarte, Chairman and Councilors Pottier and McCaul. The meeting was called to order at 5 :3 7 P .M. 1. Meet to review the weekly voucher and payrolls for City departments. MOTION: Approve the payroll warrant in the amount of $3,779,339.65. So voted. MOTION: Approve the accounts payable warrant in the amount of $4,223,286.24. So voted. The meeting was adjourned at 5:38 P.M. Respectfully submitted, CITY OF TAUNTON ··nr,t~t. ~~(__ Maggie E. Clarke IN MUNICIPAL COUNCIL Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~!~ 9 City of Taunton Municipal Council October 4, 2022 The Committee on Police and License The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. Present were Councilor Jeffrey Postell, Chairman, and Councilors Sanders and Borges. Also present was Detective William Rutherford and Chief of Police Edward Walsh. The Meeting was called to order at 5:47 P.M. 1. Meet with Detective Rutherford on a petition for renewal of an Hours of Operation License for Red Shift Donuts, Inc. dba Dunkin Donuts at 5 Washington Street to stay open 24 hours, 7 days a week. Detective Rutherford gave a positive recommendation. MOTION: Approve. So voted. 2. Meet with Detective Rutherford on a petition for a new Fortune Teller License for Temperance Readings at 15 Lori Lane. Detective Rutherford gave a positive recommendation and indicated that the applicant is aware of the stipulations of the Planning Board. MOTION: Approve. So voted. The meeting was adjourned at 5:49 P.M. CITY OF TAUNTON Respectfully submitted, OCT 0,4 2022 Ji~t-~ t 1 . Cf_t1C~1~ IN MUNICIPAL COUNCIL Maggi/'.E. \:'.Iarke Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. 'RK?{ ~ 10 City of Taunton Municipal Council October 4, 2022 _.., c::> ··< -"'l'.Ji )°" c~ C? __. 'i. ~_:' ~~ :L~. :-v,i;:-; :: ; r';'\ The Committee on Ordinances and Enrolled Bills Q c:~ v I ~-~.;.,._ _.. --1 '.;,!.':, ,;< -< • The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA~27JO in tlte ·~~ '1 Chester R. Martin Municipal Council Chambers. ~ Y:' ~ 0 ~ Present were Councilor Barry Sanders, Chairman and Councilors Dooner and McCaul. Also present was Police Chief Edward Walsh. The meeting was called to order at 5:51 P.M. 1. Meet with Police Chief Edward Walsh to discuss proposed ordinance changes for off street parking. Councilor Sanders read a letter dated September 13, 2022 from Police Chief Edward Walsh indicating that the Parking Commission proposed changes to the Municipal Ordinances that would place operational aspects of off street parking under the regulation of the Commission. The Chief explained that currently any changes in parking must come before the Council. The hope is that the process will be simplified with the proposed Ordinance changes. Councilor Dooner questioned if fee increases would still come before the Council and Chief Walsh confirmed that they would. Councilor Sanders questioned how the Parking Commission is organized and the Chief explained the makeup of the Commission. Motion: Accept these changes and move the proposed ordinance change to a first reading. So Voted. The meeting was adjourned at 5:58 PM. Respectfully submitted, CITY OF TAUNTON /}vlb7"- . £. C/&~ Maggie~ Clerk of Council Committees IN MUNICIPAL COUNCIL ORTS ACCEPTED. RECOMMENDATIONS ADOPTED. ~~ 11 City of Taunton Municipal Council October 4, 2022 ' \ t~ The Committee on Zoning ,_... r~-..J \ -·-! c:::> • ~-..,.•I The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, ~ o~?so ~e ! ··: '1 ''' Chester R. Martin Municipal Council Chambers. ~:: ~· c} -i '),'.., Present were ~ouncilor Philli~ Duarte, Chairman and Councilors Quintal an~o~s. Afso present was City Planner Kevm Scanlon. ~ Yi ~ C> The meeting was called to order at 6:03 P.M. 1. Meet with the City Planner to discuss proposed MBTA zoning changes. City Planner Kevin Scanlon explained that the recent MBTA zoning regulations require there to be zoning in place where multi-family housing is allowed by right within Y2 mile ofT- stops. Mr. Scanlon indicated that compliance with this is necessary in order to qualify for certain grant monies. He explained that the proposal modifies the existing "TOD" (Transit Oriented Development) zone to meet these requirements. The proposal moves the two existing TOD overlay zones from the areas at Dean Street and Arlington and at the Housing Authority and the Gatra bus station. This proposal changes the location to County Street, would allow 20 units/acre by right, and makes some other changes that are more conducive to better development should one come along. Mr. Scanlon indicated that this would have a public hearing process first with the Planning Board and then with the Council. Councilor Duarte said that the motion was made last week to refer the matter to the public hearing process. Councilor Borges asked Mr. Scanlon for the highlights of the proposed changes. He indicated that the biggest change is the location of the TOD district. Also, language was added to ensure compliance with the MBTA regulations. Some other changes were made to allowed uses, heights of buildings, and parking space requirements. Ms. Borges asked when this needs to be comple~ed and Mr. Scanlon explained that there needs to be a final plan by December and then there is plenty of time to implement. In this proposed area, much is already developed and he feels there will be minimal impact. Councilor Borges questioned which grants might be lost ifthe City does not comply with the zoning requirements. Mr. Scanlon indicated that the OECD office would be best able to answer those types of questions. Ms. Borges suggested inviting OECD to answer this. Mr. Scanlon noted that the former Galleria Mall site is within this proposed district and is on a major interchange making this an ideal location in his opinion. Councilor Sanders asked if there are any City owned properties within the proposed district and Mr. Scanlon indicated that the properties are privately owned with the exception of a 12 Page Two October 4, 2022 The Committee on Zoning - Continued City owned pump station. Mr. Sanders further questioned if residential development could be put into the former Galleria Mall site and Mr. Scanlon indicated that this zoning does not take away the existing zoning but is an overlay that allows other options. Mr. Sanders questioned ifthere is a frame of reference in the City where the density of20 units/acre might be seen and Mr. Scanlon said that he is not aware of any projects that meet this density threshold. Councilor Sanders questioned why a community center would not be allowed by right and Mr. Scanlon indicated that they require a special permit so that the City has a little more control. Councilor Sanders asked if there are any requirements in this proposal for open space or recreation and Mr. Scanlon indicated that while there is nothing specifically required, site plan review is required so there would be conversations at that time. Councilor Duarte noted that a section had been stricken from the original zoning which required a public green or plaza and Mr. Scanlon indicated that they didn't want to be so strict and this would be addressed during the site plan review process. Councilor Coute asked if Revolutionary Drive was considered and Mr. Scanlon indicated that this area is not within the required Y2 mile. Councilor Duarte questioned the reduction in required affordable units and Mr. Scanlon relayed that he would need to get back to the Council with the rational for that change. Councilor Duarte also questioned why the zoning board is the special permit granting authority and wondered if this should be changed to the Planning Board to be consistent with others requiring site plan review. He confirmed that 20 units/acre is the maximum. The meeting was adjourned at 6:30 P.M. Respectfully submitted, CITY OF TAUNTON ·~F((MtU_ Maggie E. Clarke Clerk of Council Committees IN MUNICIPAL COUNCIL #c;r~OMMENDATIONSADOPTED. 13 CITY OF TAUNTON MUNICIPAL COUNCIL I I =~ . c::J __ , { .) ,,~ ~ -,.,. ..·, i :.; ,,,, .. ) OCTOBER 4, 2022 C) I ::. •"Tl -1 CJ -< ,__. ·, THE COMMITTEE OF THE COUNCIL AS A WHOLE n 3: U r·:··~ r- )>· . '.~J m t._~J .,, ::!l'a -· The meeting was held at the Taunton City Hall, 15 Summer Street, Tauntoi¥,;MA 02180 in tlie Chester R. Martin Municipal Council Chambers. N - Present were Council President Phillip Duarte and Councilors Dooner, Borges, McCaul, Pottier, Coute, Sanders, Quintal, and Postell. Also present were AJ Marshall, Commissioner of Parks and Recreation and Danica Belknap from SRPEDD. The meeting was called to order at 6:33PM. 1. Meet for a presentation on the Open Space and Recreation Plan. AJ Marshall explained to the Council that the Open Space and Recreation Plan is almost complete after many meetings over many months by the working group. Danica Belknap of SRPEDD gave a presentation which gave a general overview of the plan and indicated that this new plan would be in effect until 2029. She explained why the plan should be updated and what the process was for making the updates. The working group met over the past 7-8 months or so, looked at the previous plan, held a public workshop and gathered public input, and compiled this into a draft plan. She indicated that they are still accepting feedback and incorporating updates into the plan. The working group was comprised of representatives from various City departments and groups and sought input from the public using various methods. The draft plan identifies goals that are top priorities. Each goal has actions with a timeline, responsible entity, and potential funding sources. Goals from the plan are as follows: 1. Protect the quality and quantity of the City's ground and surface water resources. 2. Prevent the loss of natural resources and habitat. 3. Prevent the loss of Taunton's rural, cultural, and historical qualities and assets. 4. Develop a city-wide multi-use trail system (including walking, hiking, biking, and water access features), where feasible. 5. Promote coordinated, responsible land use management and planning. 6. Expand and improve recreational opportunities and provide healthy, life-long experiences for residents of all ages and abilities. 7. Expand inclusive recreational opportunities for all in Taunton, with a focus on environmental justice, geographic equity, and ADA accessibility. Number 7 was a new goal since the last plan. Ms. Belknap explained that the draft plan is posted online and is in the process of being shared. Letters from the Planning Board, the Mayor, and SRPEDD are required and then the plan will be submitted to the state. The state will provide a conditional letter of approval and comments. Any updates will be incorporated and then the final plan will be made available. Motion: The presentation to be part of the record. So voted. 14 Page Two October 4, 2022 The Committee of the Council as a Whole - Continued Councilor Postell questioned how much of this plan is taken from the Master Plan and Ms. Belknap indicated that there is overlap but actions were not directly drawn from the Master Plan. Mr. Marshall added that there are common themes seen in both plans. Mr. Postell further asked ifthe goals are tiered and Mr. Marshall indicated that the goals might fall within different agencies in the City. For example, he sees goal 6 as falling primarily on himself where some other goals might fall more on the DPW or other area. He suggested that a standing Open Space Committee be developed which would oversee the plan and help to malce it a living document. There was discussion on the desire to see a dog park as well as discussion on how the Greening the Gateway Cities program also checks a box on the Open Space Plan. Councilor Borges discussed the importance of public input in forming the plan. Councilor Sanders supported the idea of a standing Open Space Committee and questioned how many people participated in this plan in some capacity. Ms. Bellcnap indicated that they had received over 450 responses to the survey, had received numerous comments on their public maps, and had multiple participants at each of their public meetings where comments were also received over the phone. Councilor Sanders asked if a letter of endorsement was required from the Council and Mr. Marshall indicated that while it isn't required, it couldn't hurt to give their endorsement. There was discussion on the malrnup of an Open Space Committee and Councilor Sanders suggested it might be similar to the ADA Commission and ADA Committee. 2. Meet in executive session to discuss the pending litigation of Greater Goods, LLC vs. City of Taunton Municipal Council. Councilor Duarte indicated that he would be recusing himself from this matter and turned the chair to Councilor Pottier. MOTION: Enter in.to executive session. So voted on a roll call vote. Councilors Dooner, Borges, McCaul, Pottier, Coute, Sanders, Quintal, and Postell voted yes. MOTION: Return :from executive session. So voted on a roll call vote. Councilor Dooner, Borges, McCaul, Pottier, Coute, Sanders, Quintal, and Postell voted yes. Councilor Pottier reported that one vote was taken in executive session. 15 Page Three October 4, 2022 The Committee of the Council as a Whole - Continued The meeting was adjourned at 8:00 PM. CITY OF TAUNTON Respectfully submitted, OCT '0•4 2022 ·11v~ t~ u~e-ft,(___ Maggie E~Ci;;ke IN MUNICIPAL COUNCIL Clerk of Council Committees ~tP~RECOMMENDATIONS ADOPTED. 16 City of Taunton Municipal Council October 4, 2022 The Committee on The Needs of the Airport / The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, Chester R. Martin Municipal Council Chambers. } ¥A 5;' ~02780tffi the , ·: i~~1 (') -., f Present were Councilor Jeffrey Postell, Chairman and Councilors Borges :a;ud P{)ttieJtJ -< ?'.: ' •J;._ The meeting was called to order at 8 :03 PM. 0 r 3: > u -,.P'! ::;;' rlij .17.r.1 ':;a :;t;;' 1. Meet in executive session to discuss the airport construction project. MOTION: Enter into executive session to discuss potential litigation. So voted on a roll call. MOTION: Return from executive session. So voted on a roll call. It was noted that Councilor Portier had recused himself from the matter. Councilor Postell reported that one vote was taken in executive session. The meeting was adjourned at 8:41 PM. Respectfully submitted, CITY OF TAUNTON ~!l_/l~ F .(~({A/;v-- Maggie E~·CTarke IN MUNICIPAL COUNCIL J Clerk of Council Committees REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED. COUNCIL POTTIER VOTING PRESENT. ~tcJej

Agenda

MUNICIPAL COUNCIL AGENDA CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS 15 SUMMER STREET, TAUNTON, MA 02780 City Clerk's Office OCTOBER 4, 2022 - 7 :00 PM Notice of Posting INVOCATION Time: (/ : / 1 B.fll ROLL CALL RECORDS Date: q -~t? ·@#. ~ OPPORTUNITY FOR INPUT BY THE GENERAL PUBLIC • Comments will be received for the record • Please state your name and address • Please limit comments to 3 minutes or less • Supplemental written comments may also be provided • Comments should be respectful and courteous HEARING: On the petition submitted by Michele Abboud, 87 Winter Street, Taunton to allow a New Class II License for M&M Service Center, Inc. to be located at 59-63 Broadway, Taunton • Com. from Building Commissioner - Submitting Recommendation • Com. from Conservation Agent - Submitting Recommendation • Com. from City Planner - Submitting Recommendation with Copy ofDIRB COMMUNICATIONS FROM THE MAYOR • Community Update • COVID-19 Update APPOINTMENTS - NONE COMMUNICATIONS FROM CITY OFFICERS Pg. 1 Com. from Safety Officer - Submitting a Response on Bassett St. Speeding (SEPARATE PACKET) Pg. 2 Com. from Election Director - Police Detail for Early Voting COMMUNICATIONS FROM CITIZENS Pg. 3-4 Com. from Attorney William Rosa, Wynn & Wynn, 90 New State Highway, Raynham, MA - Requesting a Release of an Easement (SEP ARATE PACKET) Pg. 5 Com. from Jack Gaspar, Hyde Paving - Expressing Gratitude Pg.6 Com. from Fr. Edward Murphy, St. Andrew the Apostle Church, 19 Kilmer Ave., Taunton- Requesting to Conduct a Procession PETITIONS Personal Kennel License - NEW Petition submitted by James Zuber, 20 Crystal Ln., Taunton for a NEW Grade 1 (4-6 Dogs) Personal Kennel License to be located at 20 Crystal Lane, Taunton. (Public Hearing Required) Sewer Extension Petition submitted by John Garanito, President, Hawthorne Development, Inc., 174 Dean St., Taunton requesting a sewer extension permit at the intersection of Cornell Avenue and Greystone Street, Taunton. COMMITTEE REPORTS UNFINISHED BUSINESS - NONE ORDERS, ORDINANCES AND RESOLUTIONS Ordinance {or a third reading to be ordained on a roll call vote AN ORDINANCE REVISING CRIMINAL HISTORY CHECKS FOR LICENSE APPLICANTS Chapter 298 LICENSES AND PERMITS Be it ordained by the Municipal Council of the City of Taunton and by authority of the same as follows: SECTION 1. Chapter 298 of the Revised Ordinances of the City of Taunton, as amended, is hereby further amended by adding a new subsection J to Article II, as follows:-- § 298-9 Submission of applicants to fingerprinting. Any applicant for a license to engage in any of the following occupational activities within the City of Taunton shall submit a full set of fingerprints taken by the Taunton Police Department within 10 days of the date of the application for said license, for the purpose of conducting a state and national criminal record background check to determine the suitability of the applicant for the license: A. Hawker and peddler. B. Liquor licensee. C. Manager or alternate manager of a liquor licensee. D. Solicitors and canvassers. E. Dealers in junk, secondhand articles and antiques. F. Secondhand motor vehicle dealer. G. Hackney carriage operator. H. Ice cream truck vendor. I. Door-to-door solicitors. J. Bodywork practitioners and bodywork establishment operators This Ordinance shall become effective immediately upon passage. Ordinance for a third reading to be ordained on a roll call vote AN ORDINANCE CHAPTER405 ARTICLE V. SIGNS, SIGNALS AND MARKINGS Section 405-94. Designation of stop intersections Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-94 of the Revised Ordinances of the City of Taunton be amended as follows: Insert the following ten lines in the appropriate alphabetical order under the respective column headings as indicated: Stop Sign on Direction of Travel At Intersection of Puffin Way Westerly Blackbird Lane Hummingbird Lane Easterly Mockingbird Way Hummingbird Lane Westerly Mockingbird Way Bluejay Lane Westerly Mockingbird Way Bluejay Lane Easterly Mockingbird Way Wren Street Northerly Cardinal Circle and Mockingbird Way Wren Street Southerly Cardinal Circle and Mockingbird Way Sherborne Street Northerly Fairbanks Ave. Sherborne Street Southerly Fairbanks Ave. Kilmer Ave. Easterly Oak Street All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. Ordinance (or a third reading to be ordained on a roll call vote AN ORDINANCE ARTICLE III. STOPPING, STANDING AND PARKING Sec 405-53. Prohibited parking places. Be it ordained by the Municipal Council of the City ofTaunton as follows: That Section 405-53 of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by adding thereto the following: Washburn Street, the South Side starting at the Curb-cut in front of 43 Washburn Street, East approximately 64 feet to the next curb-cut. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage Ordinance {or a third reading to be ordained on a roll call vote AN ORDINANCE ARTICLE V. SIGNS, SIGNALS AND MARKINGS Section 405-95-C Be it ordained by the Municipal Council of the City of Taunton as follows: That Section 405-95-C of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by adding thereto the following: (7) Located on the Corner of Highland Street at the property identified as 220 Highland Street, facing eastbound drivers onto Highland Street at intersection with Highland Ave and Smith Ave. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. NEW BUSINESS • Councilor Borges motioned to meet in Executive Session with the City Solicitor, the Mayor and the Human Resource Director in regards to the City Clerk's non- union contract. Respectfully submitted, (J,~,.~ tJ,i ~ tTJ~~;Ver L. Leger · v City Clerk CITY OF TAUNTON MASSACHUSETIS /kwil!Jj CITY HALL ROBERT P. Pl ROZZI BUILDING COMMISSIONER 141 OAK STREET CHIEF OF INSPECTIONS DEPARTMENT OF PUBLIC BUILDINGS TAUNTON, MA 02780-3464 MARY JANE BENKER (508) 821-1015 BUILDING INSPECTOR FAX (508) 821-1019 ZONING ENFORCEMENT OFFICER PAUL WHITE BUILDING INSPECTOR ZONING ENFORCEMENT OFFICER September 28, 2022 Honorable Mayor Shaunna O'Connell Members of Municipal Council 15 Summer Street Taunton, Ma. 02780 Re: 59-63 Broadway (Class II License) Dear Mayor and Council, I am in receipt of notice regarding petition for a Class II License at the above referenced address. Please be advised, the Building Department has no concerns regarding this proposed change. nJullyl~ Robert Pirozzi Building Commissioner 59-63 Broadway Michele Restino <mrestino@taunton-ma.gov> Fri 9/9/2022 10:59 AM To: Jenn Leger <jleger@taunton-ma.gov> Hello Jenn, There are no conservation issues regarding the petition for a new Class II license for M & M Service Center, Inc. Michele Michele Restino Conservation Agent 508-821-1095 mrestino@taunton-ma.gov office: 1298 Cohannet Street mail: 15 Summer Street City of Taunton, Massachusetts DEPARTMENT OF PLANNING AND CONSERVATION Location: 141 Oak Street Mailing: 15 Summer Street Taunton, Massachusetts 02780 Kevin R Scanlon, Director! Planner AICP Michele Restino, Conservation Agent Phone 508-821-1051, 508-821-1043 Phone 508-821-1095 Fax 508-821-1665 http://www.taunton-ma.J;;ov September 13, 2022 Honorable Shaunna O'Connell, Mayor Taunton Municipal Council 15 Summer Street Taunton, Ma 02780 RE: Class II License - 59-63 Broadway- Dear Mayor O'Conneli and Members of the Municipal Council, This letter is in regards to the request for a Class II license at 59-63 Broadway. I have attached the Planning Board Site Plan Review decision which caps the number of vehicles at three vehicles based on the approved site plan. I recommend that the requested license be approved with a three vehicle limit. If you have any questions, please contact me at 508-821-1051 Sincerely, y----· · Kevin R Scanlon, Director AiCP TAUNTON PLANNING BOARD 1298 Cohannet St. - office address 15 Summer St. - mailing address Taunton, Massachusetts 02780 Phone 508-821-1051 Fax 508-821-1665 Denise J PahJa, Secretary gpgj}~g@J_QuntQn-ma.gov June 3, 2022 DECISION OF CITY OF TAUNTON PLANNING BOARD ON THE PETITION FOR SITE PLAN REVIEW Petitioner: M & M Service Center 59-63 Broadway Taunton,Ma.02780 Owner: Christine Pereira 29 Benefit St. Taunton,Ma.02780 FOR: 59-63 Broadway On May 9, 2022 the petitioner filed a Site Plan Review to add auto sales for 3 vehicles to the existing auto repair center at 59-63 Broadway, Taunton Ma. As required by the Zoning Ordinance, copies of the petition and plans submitted therewith were submitted to the applicable City Boards and Departments. On June 2, 2022 a public meeting was held by the Taunton Planning Board, after proper notice as required by Massachusetts General Laws Chapter 40A, Section 11 and the City's Zoning Ordinance. In considering the petition, the Planning Board familiarized itself with the premises and examined the location, layout and other characteristics. After reviewing the petition, plans and testimony, the Planning Board finds that the petition was formally sufficient and submitted and reviewed in accordance with the procedures set forth in the Zoning Ordinance and that proper notice was given by the Taunton Planning Board, having made motion to Grant the Site Plan Review, based on the submitted plans and accompanying materials and above mentioned reasons, and the Taunton Planning Board having voted 6 members in favor, 1 member absent of said motion, hereby Grants the petition for a Site Plan Review with the following conditions Condition #1) That the plans dated April 8, 2022 shall govern with the following additional conditions;· Condition #2) Lighting shall not illuminate any portion of abutting properties Condition #3) The site shall be kept clean and clear of debris Condition #4) Two sets of as-builts shall be submitted upon occupancy for all work on site and shall include design engineer and land surveyor certification notes stating the development has been built according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks etc Condition #5) Two sets of updated plans shall be provided that conforms to this decision prior to Building permit Condition #6) Lots 55-193 and 55-194 shall be combined via a recorded plan and updated deed which shall be completed prior to any commencement of auto sales Condition #7) Show the 3rd repair bay on the plans Condition #8) Dumpster shall be shown on the plans and shall be located on a concrete pad, be enclosed with a 6 ft. stockade fence, be kept closed at all times and be emptied regularly Condition #9) Spaces 10 through 12 shall be labeled as storage spaces and 3 additional storage spaces shall be added to the rear of the building Condition #10) Spaces 1 through 3 are the designated auto sales display spaces and the maximum number of vehicles for sale shall be three. Vote: 6 In Favor Robert Campbell YES Manuel Spencer YES John Reardon YES Brian Carr YES Dennis Ackerman YES Michael Monteiro YES Anthony Abreau Absent Respectfully, Dennis I. Ackerman, Vice Chairman TAUNTON PLANNING BOARD DIA /djp CC: Building Commissioner City Engineer DPW Commissioner Water Dept. Police Dept. Conservation Commission Fire Dept. Board of Health The City of Taunton Police Department I I SAFETY OFFICE 23 Summer Street CHIEF SAFETY OFFICER Taunton, Massachusetts 02780 EDWARD J. WALSH ARSENIO CHAVES Telephone: (508)821-1471, Ext. 3014 Facsimile: (508) 828-9315 www.achaves@tauntonpd.com Honorable Shaunna O'Connell, Mayor and Municipal Council City Hall 15 Summer St Taunton MA, 02780 9/28/2022 At the August 30th 2022 meeting of the Municipal Council, Councilor Pottier made a motion to r~fer to the Safety officer a report of speeding on Bassett Street. A Black Cat II Plus radar unit was placed on a phone pole in front of 13 Bassett Street on 91712022 the radar recorded vehicles on Bassett Street until 9/14/2022. The unit recorded 15,705 vehicles with an average speed of 25MPH. The speed limit on Bassett Street is 30 MPH unposted. The highest speed recorded was 47 MPH. The unit recorded only 56 vehicles of the 15,705 traveling above 40 MPH. The 85th percentile was 30 MPH. This indicates to me that speeding is not an issue on Bassett Street at this time. Respectfully Submitted Arsenio Chaves CITY OF TAUNTON ELECTION DEPARTMENT 15 SUMMER STREET TAUNTON, MASSACHUSElTS 02780 (508) 821-1044 COIVIMISSION. MEMBERS DIRECTOR Oanlel Mansour Barbour, Chairman PamelaJ. Mehconi Frank Biedak Jason Roomes Carol A. Welch September 27,2022 Council President Philip Duarte and members of the Municipal Council City of Taunton 15 Summer Street Taunton, MA 02780 Dear President Duarte and Members ofthe Municipal Council: At the ElectioM.Department meeting held o:n September 131 theCommissionvoted unanlmouslYto request a poHcedetaH appointed at City Hall during the Early Voting period of October 22 - November 4. The Early Voting.schedule is as follows: Saturday} Qctober22: 9 am- lpm Saturday, October 29: 9arn- 1 pm Sunday, October 23: 9 am~ 1 pm Sunday, October 30: 9 am- 1 pm Monday, October 24= S am• 4 pm Monday, October 31: 8 am- 4 pm Tuesday, Octobet25: 8 am-.7pm Tuesday, November l: 8 am-7 pm Wed, October 26: 8 am- 4 pm Wed, November 2: 8 am~ 4 pm Thursday; Oi::toher 27: 8 am- 4 pm Thurs, November3: 8am-4pm Friday, October28: 8am-'12pm Friday1 November4: Bam..:12 Prn Having a police .detail du ring the Early Voting period h(JS been standard p.ractice h1 the past anytime Early Voting was held in Taunton .. The fonding for these detaUs was included when planning the budget for this electkm cycle. However, due to the new legislation passed under theVOTES Act1 the prt:>Cedure has been modifiedto require this appointment l:Je made by the Council atthe request of the Cornmisslon. AdditionaUy, this.new statue amends section72 of Chapter 59 requiring the Council to act as the appointing authodtyfor police detail coverage for Election Day. Upon approval ofthe details, the police department wlll coordinatethe coverage with the individual officers. Thankyov in advanoe foryoutlmeand consideration. j, w ., WYNN & WYNN." ATTORNEYS September 26, 2022 John D. Bowen• Cara M. Kuzmiski Michael R. Mancinelli John J. O'Day, Jr. Taunton City Council Raymond C. Pelote* City Hall William Rosa• Paul F. Wynn 15 Summer Street Thomas J. Wynn Taunton, MA 02780 Re: 223 and 231 Broadway, Taunton, Massachusetts Of Counsel Keough & Sweeney Dear President Duarte and City Councilors: William E. O'Keefe Please be advised that our office represents S&P Realty Series, LLC and PB&C Admitted: Series, LLC, owner of the property located at 223 and 231 Broadway, Taunton, *Massachusetts and Rhode Island Massachusetts. Our clients are the owner of the above-referenced property which is at the intersection of Broadway and Washington Street in Taunton. My clients are in the process of applying for the necessary permits and approvals to allow a substantial renovation of the site which will include the upgrading of the existing fuel dispensers and an expansion of the existing convenience store on the premises. At this point in time my clients have received the necessary permissions from the Planning Board to proceed with the proposed improvements. My clients' predecessor in title, Volta Oil Company, Inc., in 1983 granted to the City of Taunton an easement across the property located at 231 Broadway which easement allowed for an eight foot passageway from Washington Street to Broadway. In discussing this matter with my client he indicated to me that his father, who was at the time the President and Treasurer of Volta Oil Company, Inc., granted without any monetary consideration this easement at the request of the City of Taunton to allow pedestrian traffic from Broadway to Washington Street. At that time there were no sidewalks in the area and it was hoped that this pedestrian walkway would be of assistance to the public to safely transverse from Broadway to Washington Street. The existing walkway would prohibit my client from constructing the improvements as approved by the Planning Board. We are requesting a release of the easement to allow the anticipated improvements. In speaking with my client he indicated that at the time the easement · was granted there was no access from Washington Street to Broadway which would not require that pedestrians traverse over the public ways and therefore this pedestrian walkway would be of benefit to the City and to its citizens. 90 New State Highway I Raynham, MA 02767 I (508) 823-4567 I (800) 852-5211 I FAX: (508) 822-4097 I wynnandwynn.com City of Taunton City Council September 26, 2022 Page 2 In addition to the improvements planned by my client, the Massachusetts Department of Transportation is also in the process of making substantial upgrades and improvements to the intersection which improvements will include a sidewalk which will border my clients property both on Broadway and Washington Street and which will allow for the safe passage of pedestrians without the need to cross my clients property. For that reason we believe that the easement as it currently exists is not necessary at this time and that the release of the easement would not in any way negatively impact the situation and would still allow for safe passage from Washington Street to Broadway. Enclosed please find the following documents for your review: 1. Planning Board Decision dated September 15, 2022; 2. Site Plan approved by the Planning Board; 3. Copy of certified abutters list; 4. Easement; and 5. Plan showing Easement. We would ask that you forward this request to the appropriate committee for their review and we would be more than happy to discuss any issues or concerns either the Council or the Committee may have. As an additional matter my clients are also in the process of applying for a fuel storage permit for this location. That proposal also requires the City Council approval. We would request that once that petition is set for public hearing that this matter be placed on the agenda for the same evening. We would request that both these matters be held at the same Council meeting in order to efficiently use the Council's time and not to necessitate your reviewing the same project on two separate meetings. We thank you in advance for your cooperation. Very truly yours, WYNN & WYNN, P.C. William Rosa, Esq. WR/sac Enclosure 6 Mayor O'Connell, Council member, and community members, We at Hyde Paving Inc., stride ourselves in pride of workmanship. We were recently given the opportunity to work on Erin Rd. in East Taunton. Last week at the council meeting during public input Hyde Paving was addressed. The neighborhood was very pleased with the work that was done. Hyde, would like to extend a thank you to the neighborhood for the hospitality offered to the employees. As well as Thank you to the city of Taunton for allowing us to continue to work on our city roads and improve them one at a time. Thank you, Jack Gaspar & the entire Hyde Paving family St. JJndrew t~e JJpostle 19 Kilmer Ave• Taunton, MA• 02780 Phone: 508.824.5577 • Fax: 508.822.1401 www.standrewtaunton.org Fr. Edward A. Murphy. Pastor September 20, 2022 City Council City of Taunton 15 Summer St Taunton, MA 02780 On Thursday, October 13th at 5:15pm, parishioners of St Andrew the Apostle Parish will be having a procession starting at the Eagles Soccer Club at 29 Oak St. and returning to St Andrew the Apostle on 19 Kilmer Ave. We request a permit to allow the procession on the following route: The procession will be leaving the Eagles Club at 29 Oak St.at approximately 5: 15pm. The procession will proceed to St Andrew's proceeding down Oak Street, bearing right onto Kilmer Ave, arriving at St Andrew the Apostle 19 Kilmer Ave. Sincerely yours in Christ, Fr Edward A Murphy Pastor OCTOBER 4, 2022 ., ,.,·'~I Honorable Shaunna L. 0' Connell, Mayor •' ·. iy·~ Council President Phillip E. Duarte :·"') And Members of the Municipal n - )> r•1 The following committee meetings have been scheduled for Tuesday, Octobe';.4, 2022 ~ :30 ~ri _'. P. M. at the Taunton City Hall, 15 Summer Street, Taunton, MA 02780 iwfhe Ches1ie,f R. ;-·~ Martin Municipal Council Chambers. -J 5:30 P.M. THE COMMITTEE ON FINANCE AND SALARIES 1. Meet to review the weekly voucher and payrolls for City departments. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 30A, §18 may occur concurrently with this committee meeting. THE COMMITTEE ON POLICE AND LICENSE 1. Meet with Detective Rutherford on a petition for renewal of an Hours of Operation License for Red Shift Donuts, Inc. dba Dunkin Donuts at 5 Washington Street to stay open 24 hours, 7 days a week. 2. Meet with Detective Rutherford on a petition for a new Fortune Teller License for Temperance Readings at 15 Lori Lane. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 30A, §18 may occur concurrently with this committee meeting. THE COMMITTEE ON ORDINANCES AND ENROLLED BILLS 1. Meet with Police Chief Edward Walsh to discuss proposed ordinance changes for off street parking. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 30A, §18 may occur concurrently with this committee meeting. THE COMMITTEE ON ZONING 1. Meet with the City Planner to discuss proposed MBTA zoning changes. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 3 OA, § 18 may occur concurrently with this committee meeting. THE COMMITTEE OF THE COUNCIL AS A WHOLE 1. Meet for a presentation on the Open Space and Recreation Plan. 2. Meet in executive session to discuss the pending litigation of Greater Good, LLC vs. City of Taunton Municipal Council. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 3 OA, §18 may occur concurrently with this committee meeting. THE COMMITTEE ON THE NEEDS OF THE AIRPORT 1. Meet in executive session to discuss the airport construction project. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 3 OA, § 18 may occur concurrently with this committee meeting. Respectfully, ·11 [ /) ~ , , ////&(}~c/ -(. {all /LL__. Maggie E. Clarke Clerk of Council Committees

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